Common law

The premise of the literal rule put forwards the simple approach that the will and intention of Parliament are best discovered by following the literal and natural meaning of the word in the statute[1]. In other words, the law must be read in its entirety and given its’ usual dictionary meaning. Thus, it is not a requisite for judges to look elsewhere for aid in interpreting the statute.[2] This argument was supported in the Sussex Peerage case,[3] where Tindal Chief Justice stated “If the words…

The US Supreme Court’s Decision in Spokeo, Inc. v. Robins: How Will It Change Class Action Litigation? RGR – 6/2 research: http://reaction.mayerbrown.com/rs/vm.ashx?ct=24F76F19D3E347A9CCDD89AED0259410DFF555B2DF8E0BD15EE5636069FFCB1CDB7A3A9C4 http://www.scotusblog.com/case-files/cases/spokeo-inc-v-robins/ http://www.law360.com/articles/762088/spokeo-without-scalia-the-fate-of-no-injury-class-actions Meta Description: The recent Supreme Court decision in Spokeo vs. Robins will have a lasting…

Court appointed interpreters use several different techniques in conveying messages from litigants (applicant or adverse) to the judge. These modes include consecutive, simultaneous, and summary interpreting (cite). Consecutive interpreting involves the rendering of statements after the speaker stops speaking. Simultaneous interpreting occurs whilst the speaker speaks. Lastly, summary interpreting is largely used to interpret witness testimony (cite). Because several different methods can be…

In section 1, I read two cases — Houser v. Ohio Historical Soc. and In Re Estate of Therese Davis McCagg — both of which focused on the museum loans that contained no implicit limitation on the time for reclaiming the paintings. In both cases the court did not side with the museum, and consequently allowed the claimants to take back the donated works. In McCagg, there was not time mentioned in any of the documents whatsoever, whereas, in Houser, there was the language stating “…. for a term of…

context of three primary sources of the law (Patterson, 2013, p. 370). The first is the U.S. Constitution; it is the nation’s highest law, judges and justices are under oath to uphold it (Patterson, 2013, p. 370). Furthermore, when a case is presented concerning issues about the U.S. Constitution, the court must apply the Constitution to that particular case (Patterson, 2013, p. 370). Secondly, you have the Statutory Law, which is the legislative statute law. However, the majority of trails…

What is service of legal process? United States legal procedure requires that each party named in a case will be notified if actions are taken against them in a court of law. Service of process is an essential and mandatory aspect of Due Process. This ensures parties rights are protected and is a cornerstone of our nations courts. Rules of civil procedure vary from state to state. You should visit the State Rules of Civil Procedure section to learn more about service of process in your state.…

Attorney Michael Leff has joined the law firm of prominent Los Angeles Personal Injury Attorney David Drexler, as an Associate, and will specialize in legal research, brief writing and pretrial litigation support. A longtime resident of Los Angeles, Leff was raised in the San Fernando Valley and attended Campbell Hall School before graduating from the University of Michigan, Ann Arbor, where he received his Bachelor of Arts degree, concentrating his study in Communications and History. “You…

recurrent or persistent…” (American Psychiatric Association, 2013, p. 295) The symptoms of DID form around the normal factors of a culture or society (American Psychiatric Association, 2013). Therefore, what is considered to be a common symptom of DID in one area may not be common in another area. Making informed decisions about the diagnosis of DID comes down to, once again, gathering every single puzzle piece. Recommendations for Future Diagnosis and Treatment Traditionally treatment has been…

The Law of the Indies was originally the Council of Indies which was established in the early 1570s by regulations. Eventually organized in the 1680s to create the Law of Indies. The goal of the Law of the Indies was to integrate and interact of church and state society. The two societies were to coexist and support both the ecclesiastical and secular growth of the colonist in New Spain. The Spanish were able to put as far north as Santa Fe under the Law of the Indies. Under these laws as well…

She consented voluntarily to the search of the house, including the east bedroom on the second floor which she said was jointly occupied by Matlock and herself. The court held that consent to a search without a warrant given by one who possesses common authority or other sufficient relationship to the premises or effect sought to be inspected is valid against a person of shared authority who was unable to consent to the search at the time. 415 U.S. 164, 170, 94 S.Ct. 988…